Laying the Foundation

By
Roscich & Martell Law Firm, LLC
|January 04, 2016

Numerous studies indicate that money management is one of the leading sources
of marital conflict, and aprenuptial agreement can help remove this source of discord before it has a chance to develop
into conflict.

That being said, there is certainly nothing romantic about a premarital
agreement. But there is also nothing romantic about a life insurance policy,
and soon-to-be spouses routinely make such arrangements before they exchange
rings. What makes a premarital agreement any different? Illinois is a
Uniform Premarital Agreement state, but as it has its own version of the
Act, some of the court decisions from other jurisdictions are not binding
in The Land of Lincoln.

Contents

A premarital agreement can cover almost any financial or inheritance matter,
with the exception of child support, which cannot be “adversely
affected” in any way. Some of the more common areas include:

Rights and obligations of both residential and non-residential real estate property,

Disposition of property at dissolution or separation, and

Modification, or even elimination, of spousal support.

In addition to financial matters, a prenuptial agreement may also contain
language about inheritance issues and “any other matter, including
personal rights and obligations, not in violation of public policy or
a statute imposing a criminal penalty.”

Enforcement

Family law, in general, places a great deal of importance on lawful agreements
between the spouses, and premarital agreements are no exception.

One way to overturn such an agreement, or at least part of it, is to show
the agreement was not entered into voluntarily. Most courts typically
require a significant amount of arm-twisting to be shown, as even a “sign
or else” ultimatum normally does not make the agreement legally
involuntary.

Another avenue is to establish that the agreement was unconscionable when
it was made. “Unconscionability” is not defined in the statute,
but a common legal definition is unusually harsh, a shock to the conscience,
and grossly unfair. In such an action, the party seeking to overturn the
agreement must also show that there was no fair and reasonable disclosure
of property, no voluntary waiver, and no other way to obtain such a disclosure.

To start your marriage on a more solid foundation, contact an experienced
family law attorney in Napervilletoday. We can help you draft a prenuptial agreement that meets your needs
and that will stand up to any potential challenges in the future.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.